In 1931, the landmark decision Near v. Minnesota established that, as a general matter, prior restraints—“government action[s] that prohibit speech or other expression before the speech happens”—are unconstitutional under the First Amendment. As with most First Amendment jurisprudence, the decision recognized that there could be exceptional circumstances in which prior restraints may be allowable, notably in the context of national security.Read more
About this blog
Case Disclosed is a blog written by students, supervising attorneys, directors, alumni, and friends of the Media Freedom & Information Access Clinic. The views expressed on this blog belong to the author(s) and do not represent the views of Yale Law School or the Media Freedom and Information Access Clinic (MFIA).
November 13, 2019
November 8, 2019